Navigating child custody relocation in Georgia can be complex and emotionally charged, especially when temporary orders are involved. At Hobson & Hobson, P.C., we leverage over 30 years of combined experience to guide families through these challenging transitions with clarity, innovation, and unwavering advocacy.

Understanding Temporary Orders for Child Custody Relocation in Georgia

When a parent subject to a custody order in Georgia wishes to relocate, the law requires careful adherence to specific procedures. Georgia law mandates at least 30 days’ written notice to the other parent and any party with court-ordered visitation (such as grandparents) before a move that could significantly impact the non-custodial parent’s ability to exercise visitation rights. This is not just a courtesy — it's a legal requirement, and failing to comply can have serious consequences.

A relocation is typically defined as a move that would substantially hinder the other parent’s visitation, such as moving across the state or out of Georgia. Local moves within the same area usually do not trigger these requirements, but every case is unique and should be reviewed with a family law attorney.

How Georgia Courts Decide on Temporary Relocation

When a parent objects to a proposed relocation, they may file a motion to modify custody or parenting time. In these situations, Georgia courts often issue temporary orders to maintain stability for the child while the case is under review. These temporary orders may:

• Delay the move until a final decision is reached
• Adjust visitation schedules to accommodate the proposed relocation
• Establish interim custody arrangements

The guiding principle for Georgia courts is always the “best interest of the child”. Judges consider a range of factors, including:

• The reason for the move (e.g., employment, family support, safety)
• The impact on the child’s emotional and educational stability
• The child’s relationship with both parents
• The distance and how it affects visitation logistics
• The child’s preference (if age 11 or older)
• The home environment and parental history, including any concerns about neglect or abuse

Temporary custody orders in Georgia can last up to one year, but are often set for shorter periods — typically 90 to 180 days — while the court gathers more information and considers the long-term implications.

Recent Changes in Georgia Law

A pivotal 2021 Georgia court ruling has made relocation more challenging for parents with primary custody. Previously, courts often favored the relocating parent if they held primary custody. Now, judges are more likely to re-evaluate custody arrangements and, in some cases, shift primary custody to the parent remaining in Georgia if the move is not in the child’s best interest.

This shift underscores the importance of demonstrating that the relocation truly benefits the child, not just the parent. As one Georgia family law expert notes: “Judges now look much more closely at whether a move is truly in the child’s best interest, not just the parent’s. The 2021 ruling means even primary custodians risk losing custody if the move is not justified.”

Regulations, Policies, and Special Considerations

• Notice Requirements: Georgia law requires 30 days’ written notice to all parties with custody or visitation rights. This notice must include the new address and intended move date.
• Military Families: Special provisions exist for parents deployed in the military, allowing for temporary custody and parenting time adjustments during deployment.
• Court Approval: Relocation is not automatically prohibited, but moving without court approval can result in loss of custody or other legal penalties.

For more information on Georgia’s family law statutes, visit the Georgia General Assembly.

Best Practices for Parents Considering Relocation

1. Provide Timely, Written Notice: Always notify the other parent and any party with visitation rights in writing, at least 30 days before the intended move.

2. Document the Reasons for Relocation: Be prepared to explain how the move will benefit your child — whether it’s for a better job, proximity to family support, or improved educational opportunities.

3. Maintain Open Communication: Whenever possible, discuss your plans with the other parent and attempt to reach an agreement before involving the courts.

4. Consult a Family Law Attorney: Given the complexities and potential consequences, legal guidance is essential. At Hobson & Hobson, we help clients navigate every step, ensuring compliance and advocating for your child’s best interests.

5. Prepare for Court: Gather evidence, such as school information, support networks, and details about the new environment, to demonstrate the move’s positive impact on your child.

Common Pitfalls to Avoid

• Failing to Provide Proper Notice: This can result in legal penalties or even loss of custody rights.
• Relocating Without Court Approval: Moving before obtaining a court order may lead to a modification of custody, potentially awarding primary custody to the non-relocating parent.
• Overlooking the Child’s Best Interests: Focusing solely on parental needs, rather than the child’s well-being and relationships, can weaken your case.
• Ignoring the Custody Order: Even local moves can have specific requirements. Always review your existing custody order and seek legal advice before making any changes.

How Hobson & Hobson, P.C. Can Help

Our team at Hobson & Hobson, P.C. combines over three decades of experience with innovative legal technology to deliver efficient, effective solutions for families facing relocation and custody challenges. We offer:

• Strategic guidance tailored to your unique situation
• Empathetic support during stressful transitions
• Aggressive advocacy when your parental rights or your child’s well-being are at stake
• Five convenient office locations across Atlanta, Canton, Marietta, Alpharetta, Milton, and Roswell

We stay current with evolving family law through ongoing training and technology, ensuring our clients receive the most up-to-date and reliable counsel. Learn more about our approach and services at thehobsonlawfirm.com.

Frequently Asked Questions

What is a temporary order for child custody relocation in Georgia?

A temporary order is a short-term court directive that maintains or adjusts custody and visitation arrangements while a relocation request is under review. It ensures stability for the child until a final decision is made.

How long do temporary custody orders last in Georgia?

Temporary orders can last up to one year but are often set for 90 to 180 days. The duration depends on the complexity of the case and the court’s schedule.

What factors do Georgia courts consider in relocation cases?

Courts focus on the child’s best interests, considering the reason for the move, the impact on the child’s stability, relationships with both parents, the distance involved, and the child’s preference (if age 11 or older).

What happens if I relocate without court approval?

Relocating without court approval can result in legal penalties, including loss of custody. Courts may modify the custody arrangement, potentially awarding primary custody to the non-relocating parent.

Can military parents get special consideration in relocation cases?

Yes, Georgia law provides specific provisions for military families, allowing for temporary custody and parenting time adjustments during deployment.

Additional Resources

• Georgia Legal Aid: Child Custody and Relocation
• Georgia General Assembly: Family Law Statutes
• Georgia Courts: Family Law Forms
• National Parents Organization: Child Custody Relocation

For personalized guidance and to schedule a consultation, visit thehobsonlawfirm.com. At Hobson & Hobson, P.C., we are committed to protecting your parental rights and your child’s future — every step of the way.

Sarah Hobson

Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.